Regulation 2 Meaning of “qualified driver”I1

For regulation 11 of the principal Regulations (provisional licences: interpretation) there shall be substituted—

“Meaning of “qualified driver”

11

(1)

Subject to paragraph (3), a person is a qualified driver for the purposes of regulation 12 if he—

(a)

is 21 years of age or over;

(b)

holds a relevant licence;

(c)

has the relevant driving experience; and

(d)

in the case of a disabled driver, he is supervising a provisional licence holder who is driving a vehicle of a class included in category B and would in an emergency be able to take control of the steering and braking functions of the vehicle in which he is a passenger.

(2)

For the purposes of this regulation—

(a)

“disabled driver” means a person who holds a relevant licence which is limited by virtue of a notice served under Article 9(5)(b) of the Order to vehicles of a particular class;

(b)

“full licence” includes a full Great Britain licence and a Community licence;

(c)

“relevant licence” means—

(i)

in the case of a disabled driver, a full licence authorising the driving of a class of vehicles in category B other than vehicles in sub-category B1 or B1 (invalid carriages), and

(ii)

in any other case, a full licence authorising the driving of vehicles of the same class as the vehicle being driven by the provisional licence holder; and

(d)

a person has relevant driving experience if—

(i)

in the case of a person supervising a provisional licence holder who is driving a vehicle in category C, D, C + E or D + E, he held the relevant licence on 1st November 1998 and has held it continuously since that date and he has also held a full licence authorising the driving of vehicles in category B for a continuous period of not less than 3 years or for periods amounting in aggregate to not less than 3 years, and

(ii)

in any other case, he has held the relevant licence for a continuous period of not less than 3 years or for periods amounting in aggregate to not less than 3 years.

(3)

In the case of a person who is a member of the armed forces of the Crown acting in the course of his duties for naval, military or air force purposes sub-paragraphs (a) and (c) of paragraph (1) shall not apply.”.